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JENKINS v. WHITTAKER CORP.

Civ. Nos. 80-0195, 80-0263.

551 F.Supp. 110 (1982)

Perry D. JENKINS, Annabelle Jenkins, and Stuart A. Kaneko as Special Administrator of the Estate of Jeffrey Scott Jenkins, Deceased, Plaintiffs, v. WHITTAKER CORPORATION, dba Bermite Corporation, a Division of Whittaker Corporation, a California corporation, Defendant. Perry D. JENKINS, Annabelle Jenkins, and Stuart A. Kaneko as Special Administrator of the Estate of Jeffrey Scott Jenkins, Deceased, Plaintiffs, v. WHITTAKER CORPORATION, dba Bermite Corporation, a Division of Whittaker Corporation, a California corporation, John Does 1-10, Doe Corporations 1-10, and Doe Partnerships 1-10, Defendants.

United States District Court, D. Hawaii.

November 22, 1982.

Attorney(s) appearing for the Case

Paul F. Cronin, John D. Thomas, Jr., Honolulu, Hawaii, for plaintiffs.

Burnham H. Greeley, Susan P. Walker, Honolulu, Hawaii, Ronald M. Greenberg, Marianne Goodwin, Los Angeles, Cal., for defendants.

ORDER

SAMUEL P. KING, Chief Judge.

BACKGROUND

Defendant Whittaker Corporation ("Whittaker") filed its Motion for Summary Judgment on Count IV which seeks punitive damages. Defendant asserts (1) that punitive damages may not be awarded under the Hawaii Wrongful Death Act, Hawaii Rev.Stat. § 663-3, (2) that even assuming such an action may be maintained, there is no evidence of conduct sufficient to support a punitive damage claim, and (3) that...

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